2007 (5) TMI 175 - HC - Income Tax

Perquisite Tribunal rejected the order of AO through which the amount received by assessee from company in form of reimbursement of medical expenses outside India considered as perquisite in hand of assessee and taxed accordingly HC affirmed the order of tribunal

Summary

Issues:
Interpretation of section 17(2)(iii)(a) of the Income-tax Act, 1961 regarding reimbursement of medical expenses to an employee who is a director of the company.

Detailed Analysis:

1. Interpretation of Section 17(2)(iii)(a) -
The primary issue in this case revolved around the interpretation of section 17(2)(iii)(a) of the Income-tax Act, 1961, concerning whether the reimbursement of medical expenses to an employee, who is a director of the company, constitutes a 'perquisite'. The Tribunal held that the reimbursement of medical expenses could not be considered a perquisite or benefit received by the assessee from the employer company. It emphasized that the expenditure was actuated by commercial expediency and was allowed without any disallowance under section 40A(5).

2. Application of Legal Precedents -
The court referred to legal precedents, specifically the case of CIT v. Mafatlal Gangabhai and Co. P. Ltd., to support its interpretation. It highlighted that for an amount to qualify as a perquisite, the employer must directly pay the amount to discharge the obligation of the assessee. In this case, the payment was made by the employer to the hospital directly, and the reimbursement was subsequently made to the assessee, which did not fall under the definition of a perquisite as per the relevant clause of section 17(2)(iii)(a).

3. Determination of Perquisite -
The court analyzed the nature of the payment and concluded that providing reimbursement for medical expenses to the director, especially in the case of a bypass surgery, could not be considered an amenity or benefit granted by the employer. It highlighted that such exceptional situations did not amount to a benefit and, therefore, did not qualify as a perquisite under sub-clause (a) of sub-section (2) of section 17 of the Act.

4. Judgment and Conclusion -
Based on the interpretation of the relevant provisions and legal precedents, the court answered the question in favor of the assessee and against the Revenue. It concluded that the reimbursement of medical expenses to the director did not constitute a perquisite within the meaning of section 17(2)(iii)(a) of the Income-tax Act, 1961. As a result, the court ruled in favor of the assessee, indicating that the amount in question should not be treated as a perquisite for taxation purposes.

5. Costs and Final Decision -
The court decided that there would be no order as to costs, thereby concluding the judgment on the issue of reimbursement of medical expenses to an employee who is a director of the company.